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CATE v. OLDHAM

No. 82-5392.

707 F.2d 1176 (1983)

Kenneth R. CATE, Esquire, and Maher, Overchuck, Langa & Cate, a Florida Association, Plaintiffs-Appellants, v. Gordon G. OLDHAM, Jr., and State of Florida, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 2, 1983.

Attorney(s) appearing for the Case

W.L. Kirk, Jr., Rumberger, Kirk, Caldwell & Cabaniss, Dennis J. Wall, Orlando, Fla., for plaintiffs-appellants.

David R. Best, Asst. Atty. Gen., Kimberly A. Ashby, James E. Slater, Carl D. Motes, Orlando, Fla., for defendants-appellees.

Before KRAVITCH, HENDERSON and ANDERSON, Circuit Judges.

KRAVITCH, Circuit Judge:

Petitioners-appellants, Kenneth Cate, individually, and the law firm Maher, Overchuck, Langa and Cate, P.A. (collectively referred to as "Cate"), brought this action under 42 U.S.C. § 1983 asking the federal court to enjoin an ongoing civil action for malicious prosecution in the state courts of Florida and seeking declaratory relief that the maintenance of the state action violates their constitutional rights. The State of Florida and...

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